In a battle about a constitutional amendment passed last November, a federal judge said Friday that Florida cannot deny the right to vote to felons who have served their sentences but are “genuinely unable” to pay legal financial obligations.
The ruling, however, was only a partial victory for voting-rights and civil-rights groups that challenged the constitutionality of a new state law designed to carry out the constitutional amendment. Those groups have likened part of the law, passed this spring by the Republican-controlled Legislature, to a “poll tax.”
The constitutional amendment restored voting rights to felons “who have completed all terms of their sentence, including parole or probation,” excluding people “convicted of murder or a felony sexual offense.” But the law passed this spring drew challenges because it requires felons to pay “legal financial obligations,” such as restitution, fines and fees, to get their rights restored.
Republican lawmakers said such financial obligations are part of the terms of sentences. But Democrats and voting-rights and civil-rights groups argued that the law would prevent many felons from getting their voting rights restored.
U.S. District Judge Robert Hinkle, in a 55-page ruling Friday, said people cannot be denied the right to vote if they are “genuinely unable” to pay financial obligations. But he issued a preliminary injunction that applied only to plaintiffs in the case — and not more broadly to other felons who might be affected.
The injunction said that the secretary of state and county supervisors of elections could not prevent the plaintiffs from registering to vote or voting if the elections’ officials actions are “based only on failure to pay a financial obligation that the plaintiff shows the plaintiff is genuinely unable to pay.”
Hinkle pointed to a broader need for state officials to come up with an administrative process in which felons could try to prove that they are unable to pay financial obligations and should be able to vote.
“(The) state can condition restoration of a felon’s right to vote on payment of fines and restitution the felon is able to pay,” Hinkle wrote. “When a felon claims inability to pay, the state need not just take the felon’s word for it. The state may properly place the burden of establishing inability to pay on the felon and, to that end, may put in place an appropriate administrative process. That this places a greater burden on the felon claiming inability to pay than on felons with no unpaid obligations is unavoidable and not improper.”
Voting-rights and civil-rights groups touted Hinkle’s finding that voting rights cannot be withheld because of an inability to pay financial obligations.
“Today the court upheld the fundamental American principle that the right to vote does not belong only to the wealthy,” Sean Morales-Doyle, senior counsel in the Brennan Center’s Democracy Program, said in a prepared statement. “It is now incumbent on the Florida Legislature to clean up their mess, quickly.”
But in news releases, the groups also acknowledged the limited nature of the ruling. A release from four groups said the ruling applies only to the individual plaintiffs, “but the court held that the state must provide a quick and efficient process for others who are also unable to pay their legal financial obligations. Until Florida establishes this process, all other returning citizens who owe legal financial obligations are left waiting.”
Restoration of felons’ voting rights has long been a controversial legal and political issue in Florida. But voters in November overwhelmingly passed the constitutional amendment, known as Amendment 4, that was aimed at restoring most felons’ rights after they have served their sentences.
The Legislature’s subsequent decisions about carrying out the amendment, however, touched off one of the biggest political fights of the 2019 session.
Amid the federal court case, Gov. Ron DeSantis’ administration has gone to the Florida Supreme Court to seek guidance about whether the law properly carries out the constitutional amendment. That case is pending.
–Jim Saunders, News Service of Florida
Concerned Citizen says
So we just gave a free pass to felons just so they can vote. Great !!
Several years ago I was the victim of a burglary. The perpatrators while they didn’t get a whole lot smashed a sliding glass door to gain entry. Not cheap to replace. They were caught quickly and after back and forth court hearings on other charges were sentenced to 60 days then probation and numerous fines and restitution. Meanwhile I was stuck with the immediate cost of repair.
So then I not only have to deal with the emotional distress of being a victim of a crime I have to bear the financial burden until the “wheels of justice” spin my way. Said perps never completed probation then get locked up again and go to prison. Care to guess who never saw money?
So you’ll forgive me if I say not completing your sentincing requirements because you can’t pay fines and restitution you caused then getting rights restored is BS. I have nothing against rights being restored after ALL sentencing requirements are met.
And I ask again where is the concern for the rights of victims?
Victims of crimes don’t get a redo at a normal life. Do they..
wow says
Wouldn’t it be cool if we checked EVERYBODY at the voting booth and sent them away if they owed anybody any money? Why stop with former prisoners? Fair is fair.
Traveling Rep says
This is ridiculous! I voted on this based on the criminals satisfying ALL aspects of their sentence, restitution and fines included! This is an end run around what many voters like myself agreed to. This law needs to be tossed, and put back on the ballot again. OR, better yet, our legislators need to do their jobs and create the law (and vote on it) instead of shirking it on to voters.
Mike Cocchiola says
This can be a big win for our democracy if it is sustained through the inevitable appeals bu the DeSantis administration. Florida’s Republican-dominated legislature sees no benefit to allowing former felons to vote. To them, the issue is not voting rights or democracy. It is about keeping potential Democratic voters from the polls on November 3, 2020.
We can only hope the Governor sees the blatant partisanship in the egregious legislation that ties the ability to pay to the right to vote and stops any state-funded appeals.
larry krasner says
How to go judge!!!!!!!!!!!! Enjoy the votes from all these crooks who enjoy you letting them off the hook once again.
Steve says
If one cant pay theirs no Voting. This isnt what we voted on. We have other more important topics. Stop complicating everything. This is why nothing gets done
CB from PC says
Amendment 4 as APPROVED BY THE VOTERS REQUIRED ALL FINES ETC. TO BE PAID.
So….
REWRITE THE AMENDMENT AND PUT IT THROUGH THE ENTIRE REFERENDUM REQUIRING SIGNATURES, PUT IT ON THE BALLOT, AND HAVE IT GO THROUGH THE VOTING PROCESS AGAIN.
SEE IF THIS NEW VERSION PASSES.
THIS VERSION IS NOT WHAT WAS APPROVED BY THE FLORIDA VOTERS.
Mike Cocchiola says
It is time for our governor to stop the nonsense and do what our citizens voter for. He should stop any appeals.
Pogo says
@Mike you’re too kind
OUR governor? desantis is our governor like he was our House member. desantis, moody, little rubio, crooked scott, et. al. are Republican party hired help for the organized criminals that run the world; the polluters, profiteers, monopolists, thieves and liars – the cruds who call the tune because they own the band.
Every person the Republicans prevent from voting knows who screwed them. Now they need to do EVERY other thing that they CAN do to put the Republican party out of business.
Sherry says
@Wow . . . You have really made an excellent point!